Articles

About Articles The following articles are published by the Health Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Carina Lentsch

Today
Today

A Recap of PD Programming: Effective Advocacy Before Health Discipline Committees

  • March 03, 2021
  • Carina Lentsch, ACL LAW - www.acllaw.ca

Effective advocacy in health law requires the ability to argue before a variety of adjudicators. Read this summary of the OBA Health Law Section's recent PD program on Advocating before Health Discipline Committees and gain valuable insights from the decision-makers themselves about how counsel can advocate effectively for their clients at health discipline committee hearings.

Health Law, Student Forum

Meet Your Practitioners: Medical Malpractice Edition

  • March 03, 2021
  • Jonathan Farine, introduction by Carina Lentsch, ACL LAW

We are excited to share with you the insights of five prominent members of the bar with extensive experience in medical malpractice litigation, both from the perspective of plaintiffs and defence counsel. Whether you are currently working on medical malpractice files, considering a career in this interesting and complex area of litigation, or are just curious about what senior members of the bar who practice in this field have to say about their work, read on.

Health Law, Student Forum

E-Hearings: The New Normal for Discipline Hearings During COVID-19

  • January 04, 2021
  • Carina Lentsch, ACL Law - www.acllaw.ca

This article comments on the recent decision of the discipline committee of the College of Nurses of Ontario (CNO) in College of Nurses of Ontario v Ramos, 2020 CanLII 82614 (ON CNO), denying a deferral of a virtual hearing until a time where in-person hearings are resumed.

Health Law, Student Forum

Case Comment: LTC Mandatory COVID Testing Policy upheld in Labour Arbitration

  • January 04, 2021
  • Carina Lentsch, ACL Law - www.acllaw.ca

Health-care workers in long-term care (LTC) and retirement homes may be required by their employers to undergo COVID-19 testing. This was the decision of arbitrator Dana Randall in Christian Labour Association of Canada v Caressant Care Nursing & Retirement Homes, 2020 CanLII 100531 (ON LA). This article summarizes key points of the arbitral decision.

Elder Law, Health Law, Student Forum

Recap of PD Program: Health Law & Privacy of Patients – What you Need to know in these Unprecedented Times

  • January 04, 2021
  • Teddy Weinstein

This article is a recap of the November 17 PD event of the OBA Health Law Section: Health Law & Privacy of Patients – What you Need to know in these Unprecedented Times. The program addressed how the arrival of COVID-19 in Ontario has affected access to health information, patient privacy in the new virtual age, and the application of PHIPA to consumer electronic service providers.

Health Law, Student Forum

Ontario's Patient Ombudsman Released Special Report on Long-Term Care

  • October 16, 2020
  • Carina Lentsch, ACL Law

Earlier this month, Ontario’s Patient Ombudsman released a special report, Honouring the voices and experiences of Long-Term Care Home residents, caregivers and staff during the first wave of COVID-19 in Ontario (the "Report"), calling for major changes to prevent further tragedies in the Province's Long-Term Care sector during the second wave of the COVID-19 pandemic.  

Health Law, Student Forum

A Recap of Priority CPD Programming: Professional Regulation and Discipline of Health Professionals – How the Landscape has Changed

  • October 15, 2020
  • Carina Lentsch, ACL Law

The COVID-19 pandemic significantly impacted the regulation of health professionals in Ontario. On October 7, 2020 the OBA’s Health Law Section hosted a timely webinar where we heard from both the regulators and the defence counsels’ perspectives. This article discusses some of the highlights and take-away points of the program.

Health Law, Student Forum

Recent Case Sheds Light on OHIP Billing Amendments: 1582235 Ontario Limited v Ontario, 2020 ONSC 1279

  • October 15, 2020
  • Joshua Lerner, Rosen Sunshine LLP

The resulting effect of Bill 138, the Plan to Build Ontario Together Act, on the province’s healthcare regime has already been interpreted by the Ontario Superior Court in a recent decision, shedding light on the practical implications of some of these amendments and how they may impact ongoing disputes related to a physician’s billings. The case of 1582235 Ontario Limited v Ontario, 2020 ONSC 1279, addresses issues on the current OHIP billing process.

Health Law, Student Forum
Q&A with Shelley Birenbaum, OBA Susan Hilary Davidson Memorial Award for Excellence in Health Law Recipient

Q&A with Shelley Birenbaum, OBA Susan Hilary Davidson Memorial Award for Excellence in Health Law Recipient

  • May 24, 2020

Shelley Birenbaum, Shelley R. Birenbaum Professional Corporation, is being honoured this year with the OBA Susan Hilary Davidson Memorial Award for Excellence in Health Law for her outstanding achievements and contributions to the area of health law in Ontario. Gain a glimpse of what motivates her and how she is making a difference in her area of practice in this candid Q&A.

Health Law, Student Forum